Posted on 11/04/2024 5:04:35 AM PST by MtnClimber
In 2005, the Supreme Court’s Heller decision, which for the first time in American history acknowledged the Second Amendment recognizes the unalienable, individual right to keep and bear arms, was three years into the future. Anti-Liberty/gun cracktivists were pushing their latest strategy: suing gun makers for the third-party acts of people about who they had no knowledge and over who they had no control for misuse of their lawful products.
The strategy was to bankrupt American gun makers by an avalanche of nuisance lawsuits. American tort law doesn’t normally allow such suits, but their sheer volume might do the trick, even if gun makers won every suit, and they wouldn’t.
SNIP
A Massachusetts District Court used the plain language of the PLCAA to dismiss the suit, but the Fifth Circuit reversed the dismissal, which led the US Supreme Court to grant cert. The case will be decided during the Court’s 2025 term. The petition that led to cert raised these two legal issues:
*Whether the production and sale of firearms in the United States is the "proximate cause" of alleged injuries to the Mexican government stemming from violence committed by drug cartels in Mexico.
*Whether the production and sale of firearms in the United States amounts to "aiding and abetting" illegal firearms trafficking because firearms companies allegedly know that some of their products are unlawfully trafficked.
SNIP
Bizarrely, gun makers also know our own government under Barack Obama actually trafficked guns to cartels in the Fast and Furious debacle, guns that were eventually used to murder a Border Patrol officer. His killer was convicted, but his sentence was overturned in 2024. Were gun makers responsible for that lunacy?
(Excerpt) Read more at americanthinker.com ...
Isn’t that a distinction without a difference, effectively they have leant some credibility to the idea, which is literally foolishness, how can any country claim sovereignty under such stupidity?
Thanks, that is my cold read which is why I am so confused this got Cert.
“The case will be decided during the Court’s 2025 term.”
Yet ANOTHER reason to vote tomorrow (if you haven’t already). Trump wins, the case is thrown out, if he doesn’t good by to firearms companies.
Trump should state publicly that his administration would expedite the extradition of Eric Holder to Mexico.
L
Bingo.
Once again, THIS IS NOT A CONSERVATIVE COURT. Mexico is an enemy country that has knowingly aided and abetted the invasion of this country by hostile foreign agents.
Ok, so Trump SHUTS the border completely, then files a Multi Trillion Z
Dollar lawsuit against Mexico for facilitating an Invasion, Then SEIZE BAJA
The Leftist government wants to sue Americans for violebce in their country that their country has refused to quell; likely in part because all Mexican political parties are getting some funding from the drug cartels.
America needs to sue those bass turds south of the border for all of the drugs, human refuse, illegal immigration, etc that those miserable bass turds dump on America. We can also throw in their attack on the Bill of Rights, specifically the Second Amendment. Then we can also sue their asses for the garbage dump the created along our border and the damage they have done to our fences, walls and concertina wire. Then we can sue the bass tards for aiding and abetting foreigners to illegally enter the United States. If they want to play Billy bad ass, we should play along with them.
The Heller case was in 2008, not 2005.
The USSC accepted this case, and is likely to throw the suit out.
The result of this case is unlikely to be affected by the election, as it is unlikely that any of the Supremes on our side will die before it is decided AND be replaced by a Marxist, even if Kamelhoe “wins.”
FTA:
“A Massachusetts District Court used the plain language of the PLCAA to dismiss the suit, but the Fifth Circuit reversed the dismissal[.]”
It should be the First Circuit, not the 5th Circuit. The Fifth Circuit covers Texas, Louisiana, and one other state.
Also, there is this howler about the vote for PLCCA:
“The house vote was 65-31 and the Senate voted 283-144 for the bill.”
The author reversed the numbers reporting the House vote as the Senate vote and the Senate vote as the House vote and also failed the capitalize the House. Somebody needs to do some better proofreading.
I wonder when the Mexican government aka cartels will decide to invade the US and reclaim the land seized from them by the US in 1848?
“In 2005, the Supreme Court’s Heller decision,... was three years into the future.”
You have to include the complete sentence to know what it said.
“I am very unclear and what exactly this means.”
It means SCOTUS is totally unreliable and unpredictable. A sane court would have immediately thrown the case and presenting attorneys out on their ass.
“I can’t read the AT article as my work blocks the site.”
Must work for the government?
I think the USSC wants to use this case to set a precedent that eliminates any other foreign country from trying to sue American business using this flimsy premise.
That would be a refreshing change, I just can’t see the (un)wise Latina voting such though.
And how long do we have to wait...if ever.. to get cert for assault weapon/magazine bans?
Make Mexico Great Again!
They have been asking for it for a LONG time.
Yep, they should be suing the ATF.
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